Family law
Florida alimony attorney
Permanent alimony no longer exists, and most of what is written about this is out of date
Florida eliminated permanent alimony in 2023, and a great deal of what is published about Florida alimony still describes the old law. Fla. Stat. § 61.08 now provides four types: temporary, bridge-the-gap, rehabilitative and durational. Durational is the one most contested cases turn on, and it is capped — it may not exceed 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage, and it is not available at all after a marriage of less than three years. The length of the marriage runs from the date of marriage to the date the dissolution action is filed.
01 Quick answers
- Is permanent alimony still available in Florida?
- No. The 2023 legislation removed it. Section 61.08 now provides temporary, bridge-the-gap, rehabilitative and durational alimony, and nothing described as permanent.
- How long can durational alimony last?
- No longer than 50 percent of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage — and it cannot be awarded at all after a marriage of less than three years.
- What counts as a long-term marriage?
- Under § 61.08(5) there is a rebuttable presumption that a short-term marriage is under 10 years, a moderate-term marriage is between 10 and 20, and a long-term marriage is 20 years or more.
- When does the clock on the marriage stop?
- At filing. The statute measures the length of a marriage from the date of marriage to the date the dissolution action is filed, not to the date of the final judgment.
- Does alimony end if my ex remarries?
- Durational alimony terminates on the death of either party or on the remarriage of the person receiving it. Other types have their own terms.
- Can the amount be changed later?
- The amount of durational alimony may be modified or terminated on a substantial change in circumstances under § 61.14. The length may not be modified except under exceptional circumstances.
02 What changed
Permanent alimony is gone, and the articles still describing it are wrong
This is the single most important thing to know, and it is why advice from before 2023 is worse than no advice.
Section 61.08 as it now stands contains no permanent alimony. The word does not appear in the statute. What remains are four types: temporary alimony during the case, bridge-the-gap for the transition out of married life, rehabilitative to support a defined plan of education or training, and durational for a set period.
For anyone who expected lifetime support, that is a material change, and for anyone who expected to pay it, the same. It is also why a figure quoted by a friend whose divorce concluded in 2019 is not a useful reference point.
What has not changed is that alimony is still discretionary. The court looks at need and ability to pay before anything else, and then at the statutory factors. The 2023 amendments narrowed the forms available; they did not create a formula.
The word "permanent" does not appear in the alimony statute any more.
03 The caps
How long durational alimony can actually run
Durational alimony is the type most contested cases are really about, and the statute puts hard ceilings on it.
It may not be awarded at all after a marriage lasting less than 3 years.
And it may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.
Those categories are defined in § 61.08(5) by rebuttable presumption: short-term is a marriage of less than 10 years, moderate-term is between 10 and 20 years, and long-term is 20 years or longer. The length is measured from the date of marriage to the date the dissolution action is filed, which is a detail with real consequences for timing.
A court may extend the term beyond those limits, but only on clear and convincing evidence that it is necessary, after applying the statutory factors and considering further factors including the recipient’s age and employability, their available financial resources, and whether they are mentally or physically disabled.
So a 12-year marriage produces a very different ceiling from an 11-year one, and arguments about the date of filing are not procedural trivia.
Fifty percent, sixty percent, seventy-five percent. The length of the marriage sets the ceiling.
04 Changing it
What can be modified afterward, and what cannot
The amount and the term are treated differently, which surprises people on both sides.
The amount of durational alimony may be modified or terminated on a substantial change in circumstances under § 61.14.
The length may not be modified except under exceptional circumstances — a much higher bar, and a deliberate one.
Durational alimony also terminates on the death of either party, or on the remarriage of the person receiving it.
Which means the award entered at the end of a case is closer to final than most people assume, and that the work of getting the term right happens before the judgment rather than after it.
05 The statutes
- Fla. Stat. § 61.08 Alimony The four remaining types, the marriage-length presumptions, and the durational caps.
- Fla. Stat. § 61.14 Modification Substantial change in circumstances, which governs the amount.
Alimony questions, answered
Can I still get permanent alimony in Florida?
No. The 2023 amendments removed it, and § 61.08 as it now stands does not contain the term.
The four types available are temporary alimony during the case, bridge-the-gap for the transition out of married life, rehabilitative tied to a defined plan of education or training, and durational for a set period.
A great deal of what is published online still describes the old regime, which is the main reason people arrive with expectations the statute no longer supports.
How long can durational alimony last?
It is capped by the length of the marriage: no more than 50 percent of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage.
It may not be awarded at all following a marriage of less than three years.
A court may extend the term under exceptional circumstances, but only on clear and convincing evidence that it is necessary, after applying the statutory factors and considering the recipient’s age and employability, their financial resources, and any disability.
How is the length of the marriage measured?
From the date of the marriage to the date the dissolution action is filed — not to the date of the final judgment.
Section 61.08(5) then applies rebuttable presumptions: under 10 years is short-term, 10 to 20 is moderate-term, and 20 or more is long-term.
Because the categories carry different caps, a marriage close to one of those boundaries makes the filing date a real strategic question rather than an administrative one.
Can alimony be changed after the judgment?
The amount of durational alimony can be modified or terminated on a substantial change in circumstances under § 61.14.
The length is different: it may not be modified except under exceptional circumstances.
Durational alimony also ends on the death of either party or on the remarriage of the person receiving it.
How are fees handled in a family case?
Consultations and attorney’s fees are billed hourly. Court costs and case expenses are billed separately, and payment plans are available.
There is no contingency fee in family work and no free consultation — those are injury terms and they do not apply here.
Consultations and attorney’s fees are billed hourly. Court costs and case expenses are billed separately. Payment plans are available.
06 Keep reading
Talk to Jose A. Dapena about your alimony matter
You speak with the attorney who would handle the case, not an intake department. Practicing in Florida since 1998, Florida Bar number 152358.
Consultations and attorney’s fees are billed hourly. Court costs and case expenses are billed separately. Payment plans are available.